Background
Joe McHaney appealed from a judgment signed on October 16, 2025, in a case involving Jackson Supply Company. The appeal arose from Harris County Civil Court at Law No. 4.
McHaney did not pay the appellate filing fee or the fee for preparation of the clerk’s record, and he did not establish indigence for purposes of appellate costs. According to the opinion, he also failed to respond to the court’s notices concerning the unpaid fees, which warned that the appeal could be dismissed if he neither paid nor established indigence.
The Court’s Holding
The First Court of Appeals dismissed McHaney’s appeal. It concluded that dismissal was authorized because the clerk’s record had not been filed due to McHaney’s failure to pay for it, he had not paid the required filing fee, and he had not established indigence despite receiving notice of the deficiencies.
The court relied on Texas Rules of Appellate Procedure 5, 37.3(b), 42.3, and 43.2(f). It also dismissed all pending motions as moot.
Key Takeaways
- An appellant must pay required appellate fees or establish indigence under the applicable rules.
- An appeal may be dismissed when the clerk’s record is not filed because the appellant failed to pay for it.
- Failure to respond to deficiency notices after being warned of possible dismissal can result in involuntary dismissal of the appeal.
Why It Matters
The decision underscores that compliance with appellate-cost requirements is necessary to keep an appeal pending. When an appellant neither cures fee deficiencies nor demonstrates indigence after notice, a Texas appellate court may dismiss without reaching the merits of the underlying dispute.